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Contractual sick pay: Contractual clause withholding sick pay for misconduct had no effect

This report relates to 1 case(s)

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    Manchester City Council v Thurston [2002] IRLR 319 EAT (0 other reports)

An employer was not entitled to withhold sick pay from an employee who took sick leave because of anxiety and depression immediately after being disciplined for misconduct, notwithstanding a contractual clause excluding such entitlement where sickness was "due, or attributable, to his own misconduct", the EAT holds in Manchester City Council v Thurston [2002] IRLR 319.